Pork producers

Should California be able to require higher welfare standards for farm animals raised in other states if products from those animals are to be sold in California? On May 11, 2023, the U.S. Supreme Court upheld California’s position by a 5-4 vote in National Pork Producers Council v. Ross. While the ruling was fractured and reflected complex legal questions, it is a major victory for those working to improve farm animal welfare. A number of states will undoubtedly take advantage of the power that the Supreme Court has recognized. As a specialist in animal law, I expect that this will result in a patchwork of laws that are likely to make national meat producers very uncomfortable. Ultimately, it could push Congress to set federal standards. More indoor space for sows Pork producers sued California over a law that the state’s voters adopted in 2018 via ballot initiative with over 63% approval. It set new conditions for raising hogs, veal calves and egg-laying chicke...

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Should Californians be able to require higher welfare standards for farm animals that are raised in other states if products from those animals are to be sold in California? The U.S. Supreme Court will confront that question when it hears oral argument in National Pork Producers Council v. Ross on Oct. 11, 2022. Pork producers are challenging a law that California voters adopted in 2018 via ballot initiative with over 63% approval. It set new conditions for raising hogs, veal calves and egg-laying chickens, whose meat or eggs are sold in California. The state represents about 15% of the U.S. pork market. At most commercial hog farms, pregnant sows are kept in “gestation crates” that measure 2 feet by 7 feet – enough room for the animals to sit, stand and lie down, but not enough to turn around. California’s law requires that each sow must have at least 24 square feet of floor space – nearly double the amount that most now get. It does not require f...

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